Smoking Bans Finding Opposition

A bill to allow cities and counties to impose their own smoking bans on public property, such as beaches and parks, sailed out of its first committee on a unanimous vote.

By Lloyd Dunkelberger

A bill to allow cities and counties to impose their own smoking bans on public property, such as beaches and parks, sailed out of its first committee on a unanimous vote.But now there are signs that the legislation, which has the support of local governments, medical groups and health advocates, is picking up opposition and may become one of the casualties of the 2013 legislative session.The Senate version of the bill (SB 258) was unanimously approved by the Senate Regulated Industries Committee last month. But it took a 6-3 vote to push it out of the Senate Health Policy Committee last week, even though its sponsor, Sen. Rob Bradley, R-Fleming Island, has been working to mitigate criticism of the bill.Among the critics has been the Florida Restaurant and Lodging Association, which is concerned about the impact of local bans, more restrictive than the existing state law, on restaurants, bars and other establishments near or on public property.With Bradley's support, the Senate Health Policy Committee amended the bill to state that a new smoking ban could not impact existing leases or the renewal of those leases. However, the ban could be made part of a new lease.A lobbyist for the restaurants said the association supports the amendment but stopped short of saying it would now support the bill.The bill does have influential supporters, including Senate Appropriations Chairman Joe Negron, R-Stuart, who is a co-sponsor of the legislation.But other prominent lawmakers are taking a position against the bill.Sen. Denise Grimsley, R-Sebring, who happens to be a nurse and also the chair of the Senate budget subcommittee that oversees all health care spending, said she is keeping an open mind about the bill but opposes it at this time.Grimsley said it was an issue of whether it was allowing government to become too intrusive in the lives of Floridians."I'm still a little uncomfortable," Grimsley said. "I may get there but I'm not quite there yet. I just don't like government telling me what to do."Sen. Jeff Brandes, R-St. Petersburg, who also voted against the bill, said the measure is "overly broad.""You would be able to say, you know, a 500-acre park or a 1,000-acre park would be off limits for smoking even if nobody was around you for as far as the eye could see," he said.Brandes said he could support a more limited restriction such as for playgrounds, or a one- or two-acre park.But he also said he had issues with letting local governments impose more restrictions than the state law regulating smoking."How much freedom are we willing to take away from people?" he asked."We restrict so much in this country. Are we really going to criminalize a simple act?"The Senate bill now moves to the Community Affairs Committee, where a favorable vote will put it in a position to be heard on the floor.But the bigger question is the House, where a similar measure (HB 439) has yet to receive a committee hearing. It must clear three committees before it would be in line for a floor vote.Rep. Bill Hager, R-Delray Beach, the sponsor of the House bill, said while the legislation is doing "well" in the Senate, "we continue to work to get it" on a committee agenda.He dismissed the argument that allowing local governments to establish a variety of their own bans would lead to a "patchwork" system of regulation."All that it means is that we get a patchwork of more healthy environments," Hager said."There's no intent to meddle with restaurants or the private sector," he said. "This is about playgrounds, parks and beaches."

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